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Originalism and the Good Constitution

John O. McGinnis, Michael B. Rappaport




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 | #1400047 in Books |  2013-11-01 | Original language:English | PDF # 1 |  9.25 x6.50 x1.00l,1.30 | File type: PDF | 312 pages

||6 of 10 people found the following review helpful.| Unconvincing|By Murray J Siskind|The authors claim to have found a new reason to be originalist: welfare consequentialism. The argument goes like this: We should follow a constitution if it is good, and a good constitution is one adopted using procedures that lead to good results. The authors identify the supermajority nature of constitutional adoption as the mechanism that ma| |Originalism and the Good Constitution is a major contribution to constitutional theory that has no obvious substitute or counterpart. This book will be much noticed and much discussed as part of the growing debate over constitutionalism. (Gary Lawson, B

Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in...

You can specify the type of files you want, for your device.Originalism and the Good Constitution   |  John O. McGinnis, Michael B. Rappaport. I have read it a couple of times and even shared with my family members. Really good. Couldnt put it down.

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